- This article is about the Allied declaration of 1943. For the Muslim human rights declaration, see Cairo Declaration on Human Rights in Islam.
The Cairo Declaration was the outcome of the Cairo Conference in Cairo, Egypt, on November 27, 1943. President Franklin Roosevelt of the United States, Prime Minister Winston Churchill of the United Kingdom, and Generalissimo Chiang Kai-shek of the Republic of China were present. The Cairo Communiqué was broadcast through radio on December 1, 1943 [1]. The Cairo Declaration is cited in Clause Eight (8) of the Potsdam Declaration, which is referred by the Japanese Instrument of Surrender.
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Summary
The main points of the document were:
- The Allies resolved to bring unrelenting military pressure against Japan until it agrees to unconditional surrender.
- All territories Japan has conquered from China, including Manchuria, Taiwan, and the Pescadores, shall be restored to the Republic of China.
- Korea shall become free and independent.
The Declaration and Taiwanese independence
During and for many years after World War II, it was generally agreed that China acquired sovereignty over Taiwan when Japan surrendered. Thus Taiwan was sovereign territory of either the Republic of China, which actually ruled it, or of the People's Republic of China, which claimed to be the sole legitimate government of China.
More recently, advocates of Taiwan independence claimed that no valid transfer of sovereignty ever took place. The Declaration states "that ... Formosa [Taiwan]... shall be restored to the Republic of China...", but these advocates argued that the Declaration is only a statement of intent, and a non-binding "press release". It is not in the official treaty archives of either the United States[2] or Japan,[3] so it is not deemed to be a treaty by the involved parties.[4] Writing in the Yale Law Journal, March 1972, Lung-chu Chen and W. M. Reisman argued that the Cairo Declaration was not a legal document, and that neither it nor the Potsdam Declaration could make disposition of the legal title of Taiwan, or effect a transfer of that legal title to the Republic of China. [5] Therefore, neither Japan nor either government of China has sovereignty over Taiwan, and it is a separate sovereign state.
"Orthodox" scholars rejected this claim. The standard counter-argument was that while the Cairo Declaration itself was a non-binding declaration, it was given legal effect by the Japanese Instrument of Surrender. The Instrument stated that Japan would implement the Potsdam Declaration, which in turn referenced the Cairo Declaration.
References
- ^ "Cairo Communiquè, December 1, 1943". Japan National Diet Library. December 1, 1943. http://www.ndl.go.jp/constitution/e/shiryo/01/002_46shoshi.html.
- ^ Treaties and Other International Agreements of the United States of America, 1776-1949 III. Multilateral, 1931-1945 (Washington, D. C.: U.S. Government Printing Office, 1969), Pg 858
- ^ Nihon Gaiko Nenpyo Narabini Shuyo Bunsho: 1840-1945 vol.2, 1966
- ^ http://www.taiwannation.com.tw/ecairo.htm
- ^ "Who Owns Taiwan: A Search for International Title". Yale Law Journal. March 1972. http://www.civil-taiwan.org/cairo-potsdam.htm.
See also
- Cairo Conference
- Second Sino-Japanese War (1937-1945)
- Potsdam Declaration (1945)
- Japanese Instrument of Surrender (1945)
- Treaty of San Francisco (1951)
External links
- Text of the Constitution and Other Important Documents in the Japanese National Diet Library
- The Cairo Conference, 1943
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